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Hawaii Regulations § 3-161-23 Ex parte communications

Up to Subchapter 1: General Provisions

Regulation Text

(a) In any contested case, declaratory relief, or adoption, modification of rules proceedings before the commission:
(1) No party or person, either in private or public life, shall communicate privately on the merits of the case with the commission, the commission's staff, or with the hearings officer designated to hear and decide the matter unless specifically provided for by law; and
(2) No member of the commission's staff or any other government agency who participates in the hearing as a witness or counsel shall privately communicate on the merits of the case with the commission or with the hearings officer designated to hear and decide the matter, unless specifically provided for by law.
(b) It shall be improper for any person interested in a proceeding to seek to influence the judgment of the commission or hearings officer.
(c) Nothing in this section shall prohibit the introduction of the investigatory report at the hearing pursuant to and in conformance with sections 3-161-34 and 3-161-37 .

History

[Eff MAY 29 2010] (Auth: HRS §§ 91-2 , 11-193) (Imp: HRS §§ 91-2 , 91-3 , 91-8 , 91-9 , 91-13 , 91-14 , 91-15 , 92-16 , 11-193, 11-216, 11-225, 11-228, 11-229)

[ Am and Comp 12/1/2016 ] (Auth: HRS § 11-314 (8) ) (Imp: HRS §§ 11-314 (7) , 11-407 , 11-408 , 11-409 , 11-410 )

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